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BIEL v. METROPOLITAN LIFE INS. CO.

No. 72-149.

15 Ill. App.3d 410 (1973)

304 N.E.2d 449

PHILLIP BIEL et al., Plaintiffs-Appellants, v. METROPOLITAN LIFE INSURANCE COMPANY et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

November 26, 1973.

Attorney(s) appearing for the Case

Pedderson, Menzimer, Conde & Stoner, of Rockford, for appellants.

Welsh, Holmstrom, Hyser, Jacobson & Worden, of Rockford, for appellees.

Judgment affirmed.

Mr. PRESIDING JUSTICE GUILD delivered the opinion of the court:

Plaintiffs sued on October 31, 1969 and subsequently filed their amended complaint to (1) enjoin defendants from permitting their land fill to slide on to plaintiffs' adjoining land, (2) to require defendants to construct a retaining wall to prevent further spilling over, (3) to remove the land fill that has spilled over onto plaintiffs' land and for damages.

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